 |
| PART 23. Grievance Procedure |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
|
23.1 Application and definitions
23.2 Initiating a grievance
23.3 Appeal to the reviewing authority
23.4 Areas of employment subject to the grievance
procedure
23.5 Pending grievances
23.6 [Repealed]
23.7 [Repealed]
|
|
Section 23.1 Application and definitions.
(a) Application of grievance. The provisions of this Part
shall apply to all nonjudicial employees of the State-paid
courts and court-related agencies of the Unified Court System
who are not represented for purposes of collective negotiations
pursuant to article 14 of the Civil Service Law. A nonjudicial
employee to whom the provisions of this Part applies shall
have the right to present his or her grievance in accordance
with this Part, free from interference, coercion, restraint,
discrimination or reprisal.
(b) Definitions. When used in this Part, the term administrative
authority means:
(1) the clerk of the Court of Appeals with respect to nonjudicial
employees of the Court of Appeals;
(2) the presiding justice of each appellate division with
respect to nonjudicial employees of the appellate divisions
and the courts and agencies which they supervise;
(3) the presiding judge of the Court of Claims with respect
to nonjudicial employees of the Court of Claims;
(4) the deputy chief administrator for management support
with respect to nonjudicial employees of the Office of Court
Administration; or
(5) the deputy chief administrative judge having administrative
jurisdiction over the court or agency in which the employee
is employed, with respect to all other nonjudicial employees
in the Unified Court System.
Historical Note
Sec. repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987. |
|
| Section
23.2 Initiating a grievance.
(a) An employee shall
initiate a grievance by submitting the grievance, in writing,
to the administrative authority not later than 45 calendar
days after the date on which the act or omission giving rise
to the grievance occurred, or when the employee could reasonably
have been expected to become aware of, or to have knowledge,
that he or she had a grievance. After receipt of the grievance,
the administrative authority or his or her designee shall
meet with the employee for a review of the grievance. The
employee may be represented by a representative of his or
her choosing at this meeting, and the employee may present
oral statements and written material. The administrative authority
or his or her designee shall issue a written decision, and
a copy of such decision shall be sent to the employee and
to the Chief Administrator of the Courts.
(b) Nothing in this section shall be construed as discouraging
the informal resolution of grievances by the administrative
authority or his designee.
Historical Note
Sec. repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987. |
|
| Section
23.3 Appeal to the reviewing authority.
In the event
the employee wishes to appeal the decision of the administrative
authority, the appeal must be presented in writing to the
Chief Administrator of the Courts within 15 days of the date
of the determination by the administrative authority. Such
appeal shall contain a short, clear statement of the grievance,
the basis of the grievance, the relief sought and a copy of
the decision by the administrative authority. A copy of such
appeal also shall be sent to the administrative authority
who previously passed upon such grievance. The Chief Administrator
shall conduct such review as he or she deems necessary, and
the Chief Administrator shall determine the grievance in consultation
with, and with the approval of, the Chief Judge. The determination
of the Chief Administrator shall be final. The Chief Administrator,
with the approval of the Chief Judge, also shall have the
power to reverse or modify any decision made by an administrative
authority that is not appealed by the employee.
Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new filed Jan. 15,
1987 eff. Jan. 1, 1987. |
|
| Section
23.4 Areas of employment subject to the grievance procedure.
Grievances subject to this procedure shall be limited to:
(a) claims concerning discriminatory supervisory practices,
except insofar as such practices as alleged would constitute
violations of law;
(b) claims concerning unreasonable work assignments or conditions;
and
(c) claims concerning the application of the time and leave
rules contained in Part 24 of this Title.
Historical Note
Sec. repealed, new filed July 31, 1970; amds. filed: Dec.
4, 1970; Feb. 2, 1982; repealed, new filed Jan. 15, 1987 eff.
Jan. 1, 1987. |
|
| Section
23.5 Pending grievances.
This grievance procedure
shall apply to grievances filed after the effective date of
this Part [January 1, 1987]. Grievances filed before that
date shall be processed in accordance with the procedures
of this Part that were in effect immediately prior to the
effective date of this Part.
Historical Note
Sec. repealed, new filed July 31, 1970; amd. filed Feb. 2,
1982; repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987. |
|
| Section
23.6 [Repealed]
Historical Note
Sec. repealed, new filed July 31, 1970; repealed, filed Jan.
15, 1987 eff. Jan. 1, 1987. |
|
| Section
23.7 [Repealed]
Historical
Note
Sec. repealed, new filed Jan. 15, 1987 eff. Jan. 1, 1987. |
|
|
